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What's the Difference Between an Annulment and a Divorce?

What's the Difference Between an Annulment and a Divorce?

June 23, 2021
By Edward Miley

Legal Definitions for Dissolving a Marriage in Nevada

The dissolution of a marriage is never easy. There may be one reason or a multitude of reasons that you want the marriage to end. Depending on the circumstances surrounding your marriage and the reasons you are seeking to dissolve it, you may have one or more legal options under Nevada law.

At the Miley Law Firm, our attorneys represent individuals who are seeking to legally separate or end their marriage through divorce or annulment. We know that this can be a difficult decision and are here to advise you on your rights and responsibilities under the law. If you would like legal advice on how to dissolve your marriage in Nevada, contact our office today for a free consultation.

How Do Divorce and Annulment Differ Under Nevada Law?

A marriage is technically a contract between two people bonding them together; a divorce terminates the marriage contract. In Nevada, you must have resided in the state for at least 6 weeks in order to file for divorce from your spouse. Unlike a divorce, an annulment nullifies a marriage or treats it as though the marriage was void.

To seek a divorce or an annulment in the state, you must have valid cause. For example, divorce can be pursued due to the insanity of a spouse, if the couple has lived separately and apart for 1 year without cohabitation, and for the broad reason of incompatibility. On the other hand, an annulment will only be granted under a specific set of circumstances.

What Is Considered Cause for Annulment?

According to Nevada law, some marriages are void because they are prohibited by law, including if one spouse was already married or if the spouses are too closely related (consanguinity). Other marriages are considered voidable at the discretion of a judge. 

A person seeking an annulment in Nevada must prove one of the following:

  • Lack of parental consent if parental consent was required at the time of marriage.
  • Want of understanding (lack of mental capacity) by one of the spouses.
  • Fraud.
  • If the marriage was void in equity, meaning it would have been a voidable contract under law.

If you are seeking to end your marriage, it is in your best interest to consult with an experienced attorney. While both a divorce and an annulment will end the marriage, they have different meanings under the law. A divorce dissolves the marriage by terminating it, whereas an annulment invalidates the marriage treating it as if it had never happened.

Contact the Miley Law Firm to Learn More

At the Miley Law Firm, we can help you understand the process of both a divorce and an annulment. There are specific legal requirements for both that may differ depending on the county. Call (702) 850-3600 to speak directly with an experienced attorney.

We know that ending a marriage is not easy, but depending on the situation, it may be what is best for you and your family. Our attorneys handle all matters with compassion and dignity, helping you to start a new chapter in your life. Get the advice and representation you need by requesting a consultation today.

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